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Miranda rights Archives

Do "Miranda Rights" always have to be given?

"Miranda rights" do not always have to be given to an individual.  These rights generally include the right to remain silent, not incriminate yourself, right to an attorney and anything you say may be used against you.  They must be given only if you are in custody and being questioned.  NO questions, then no miranda. Police Officers simply investigating a crime do not have to give "miranda rights" to everyone they talk to.   Once you are under arrest, then the rights must be given before any questions are asked.  However, if you are just talking and making statements, even after being arrested, those statements can be used against you.   If you voluntarily go to the police department, not under arrest and are free to leave, rights do not have to be given to you.  Many times officers will give them anyway in an abundance of caution in many circumstances.